Flowers v. Hubbard et al
| Jarrelle Flowers |
| Deputy Sheriff Johnnie Hubbard and Sheriff Ken Mascara |
| 2:2019cv14358 |
| September 27, 2019 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| K Michael Moore |
| Robin L Rosenberg |
| Civil Rights: Other |
| 28 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 22, 2019. A more recent docket listing may be available from PACER.
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| Filing 33 Defendant's MOTION TO DISMISS #27 Amended Complaint, FOR FAILURE TO STATE A CLAIM by Ken Mascara. Responses due by 12/6/2019 (Joss, Harrison) |
| Filing 32 MOTION TO DISMISS #27 Amended Complaint, FOR FAILURE TO STATE A CLAIM by Johnnie Hubbard. Responses due by 12/6/2019 (Bogan, Bruce) |
| Filing 31 NOTICE of Mediator Selection and Hearing. Added Jarrelle Flowers, Kevin L. O'Brien. Mediation Hearing set for 5/18/2020 at 12:00 p.m.. (Rubin, Guy) |
| Filing 30 Initial Disclosure(s) by Jarrelle Flowers (Rubin, Guy) |
| Filing 29 Joint SCHEDULING REPORT - Rule 16.1 by Jarrelle Flowers (Rubin, Guy) |
Filing 28
PAPERLESS ORDER denying as moot #12 Motion to Dismiss for Failure to State a Claim and denying as moot #15 Motion to Dismiss for Failure to State a Claim, given Plaintiff's amendment of the Complaint #27 . Signed by Judge Robin L. Rosenberg on 11/12/2019. (sk01)
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| Filing 27 Plaintiff's AMENDED COMPLAINT against Johnnie Hubbard, Ken Mascara filed in response to Order Granting Motion for Leave, filed by Jarrelle Flowers. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rubin, Guy) |
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Filing 26
PAPERLESS ORDER granting Plaintiff's request to file an amended complaint. The amended complaint is due by November 8, 2019. Signed by Magistrate Judge Shaniek M. Maynard on 10/29/2019. (pen)
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| Filing 25 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Shaniek M. Maynard: Status Conference re: Defendants' motion to dismiss held on 10/29/2019. The Court granted Plaintiffs leave to amend complaint in both cases (19cv14357) by November 8, 2019. Defendants response will be due 14 days after amended complaint is filed Total time in court: 15 minutes. Attorney Appearance(s): Todd Martin Norbraten, Bruce Robert Bogan, Harrison Adan Joss, Other appearances: Pokuaa Enin, Law Clerk. (Digital 134406) (cga) |
| Filing 24 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jarrelle Flowers. Ken Mascara served on 10/1/2019, answer due 10/22/2019. (Rubin, Guy) |
| Filing 23 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jarrelle Flowers. Johnnie Hubbard served on 10/1/2019, answer due 10/22/2019. (Rubin, Guy) |
| Filing 22 NOTICE of Striking #18 Notice (Other) filed by Jarrelle Flowers by Jarrelle Flowers (Rubin, Guy) |
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Filing 21
PAPERLESS ORDER resetting the Telephonic Status Conference to a later time. The telephonic Status Conference that this Court set in its previous Order (DE 20) for TUESDAY 10/29/2019 is RE-SET to 1:30 PM on that same day. **TIME CHANGE ONLY** The call-in instructions remain the same. (NOTE: This Court will be holding this status conference jointly with the one set in the case of Haynes v. Hubbard, 19-14357-CIV-ROSENBERG/MAYNARD.) Signed by Magistrate Judge Shaniek M. Maynard on 10/23/2019. (ip00)
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Filing 20
PAPERLESS ORDER Setting Status Conference upon the Orders of Reference (DE 14 & 17). The purpose of this status conference is to determine whether the Plaintiff intends on contesting the referred Motions to Dismiss on their merits or intends to amend her Complaint in response to the Defendants arguments. The Telephonic Status Conference is set for TUESDAY 10/29/2019 at 1:00 PM in Fort Pierce Division before Magistrate Judge Shaniek M. Maynard. Counsel for the Plaintiff shall establish the conference call with counsel of record for the Defendants and then place that conference call to Chambers at (772) 467-2320. (Chambers will not initiate the conference call.) Signed by Magistrate Judge Shaniek M. Maynard on 10/23/2019. (ip00)
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| Filing 19 Clerks Notice to Filer re #18 Notice (Other). Wrong Event Selected. The Filer selected the wrong event. CORRECTIVE ACTION REQUIRED. Filer must file a Notice of Striking, then re-file the document using the correct event. Go to Initial Pleadings and Service. Service of Process. Summons (Affidavit) Returned Executed. |
| Filing 18 STRICKEN PER DE #22 .. NOTICE by Jarrelle Flowers of Filing Affidavits of Service (Attachments: #1 Affidavit Hubbard, #2 Affidavit Mascara) (Rubin, Guy) Modified on 10/24/2019 (lbc). |
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Filing 17
PAPERLESS ORDER REFERRING for appropriate disposition #12 Motion to Dismiss and #15 Motion to Dismiss. Motions referred to Judge Shaniek M. Maynard. Signed by Judge Robin L. Rosenberg on 10/22/2019. (sk01)
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Filing 16
ORDER SETTING DISCOVERY STATUS CONFERENCE AND ORDER REQUIRING JOINT DISCOVERY STATUS REPORT (Telephone Conference set for 4/23/2020 02:30 PM before Magistrate Judge Shaniek M. Maynard, Status Report due by 4/20/2020.) Signed by Magistrate Judge Shaniek M. Maynard on 10/21/2019. See attached document for full details. (pcs)
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| Filing 15 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM and, MOTION for More Definite Statement by Johnnie Hubbard. Attorney Bruce Robert Bogan added to party Johnnie Hubbard(pty:dft). Responses due by 11/4/2019 (Bogan, Bruce) |
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Filing 14
ORDER OF REQUIREMENTS AND ORDER OF REFERENCE TO MAGISTRATE JUDGE: (Discovery due by 5/29/2020., Dispositive Motions due by 7/27/2020.), ORDER REFERRING CASE to Magistrate Judge Shaniek M. Maynard for Discovery Matters. Signed by Judge Robin L. Rosenberg on 10/21/2019. See attached document for full details. (pcs) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 13 NOTICE OF UNAVAILABILITY by Jarrelle Flowers for dates of December 15, 2019 through January 3, 2020 (Rubin, Guy) |
| Filing 12 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by Ken Mascara. Responses due by 10/31/2019 (Joss, Harrison) |
| Filing 11 NOTICE of Attorney Appearance by Harrison Adan Joss on behalf of Ken Mascara. Attorney Harrison Adan Joss added to party Ken Mascara(pty:dft). (Joss, Harrison) |
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Filing 10
ORDER TRANSFERRING CASE to Judge Robin L. Rosenberg and Magistrate Judge Shaniek M. Maynard for all further proceedings, accepted and signed on 10/2/2019. Chief Judge K. Michael Moore no longer assigned to case Signed by Chief Judge K. Michael Moore on 10/1/2019. See attached document for full details. (pcs)
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Filing 9
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Shaniek M. Maynard on 9/30/2019. See attached document for full details. (pcs)
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Filing 8
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE SHANIEK MAYNARD. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Shaniek Maynard to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Maynard's discovery procedures. Signed by Chief Judge K. Michael Moore on 9/27/2019. (mh01)
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Filing 7
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 9/27/2019. (mh01)
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| Filing 6 NOTICE by Jarrelle Flowers re #1 Complaint Notice of Filing Civil Cover Sheet (Attachments: #1 Civil Cover Sheet) (Rubin, Guy) |
| Filing 5 Clerks Notice to Filer re: Electronic Case. Attorney information does not match initiating document. The name of the attorney submitting the complaint does not match the signature on the pdf document. The attorney listed on the initiating document has been added. It is not necessary to re-file this document. (pcs) |
| Filing 4 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (pcs) |
| Filing 3 Summons Issued as to Johnnie Hubbard, Ken Mascara. (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-12019728, filed by Jarrelle Flowers. (Attachments: #1 Summon(s) Dep. Hubbard, #2 Summon(s) Sheriff Mascara)(Rubin, Guy) |
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